3303447/2024Withdrawn

EBITS LLP

v Mr A Akindele

15 April 2026·Employment Tribunal·England & Wales·Employment Judge Dobbie

Respondent

EBITS LLP

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Decision date

15 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Dobbie

Case Summary

The tribunal considered strike-out applications at a preliminary hearing on 2 April 2026. The claimant's claim for paternity leave pay and four days' sick pay was dismissed as having no reasonable prospect of success or upon withdrawal. However, the tribunal rejected the respondent's application to strike out the unfair dismissal claims, finding them to have some reasonable prospect of success.

Why this outcome?

No reasonable prospects

The tribunal dismissed the claimant's paternity leave pay claim as having no reasonable prospect of success but allowed the unfair dismissal claims to proceed as they have some reasonable prospect of success. The sick pay claim was dismissed upon withdrawal.

Key Issues

  • Whether claimant's claim for paternity leave pay has reasonable prospect of success
  • Whether respondent's application to strike out unfair dismissal claims should be granted
  • Whether claimant's application to strike out respondent's response should be granted

Decision Text

Full PDF

Case Number: 3303447/24 EMPLOYMENT TRIBUNALS Claimant: Mr A Akindele Respondent: EBITS LLP Heard at: Reading by CVP On: 2 April 2026 Before: Judge Dobbie Representation Claimant: In person Respondent: Ms A Beattie – Litigation Manager JUDGMENT 1. For the Reasons given orally on 2 April 2026: (a) The Claimant’s claim for wages / breach of contract for paternity leave pay has no reasonable prospect of success and is dismissed; (b) The Respondent’s application to strike out the Claimant’s unfair dismissal claims is dismissed because those claims have some reasonable prospect of success; and (c) The Claimant’s application to strike out the Respondent’s response is dismissed. 2. The Claimant’s claim for four days’ sick pay claimed as both wages and breach of contract is dismissed upon withdrawal. Approved by: Employment Judge Dobbie Date 15 April 2026 JUDGMENT SENT TO THE PARTIES ON 23 April 2026 FOR THE TRIBUNAL OFFICE Case Number: 3303447/24 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision. The reasons given orally were the summary reasons. If a request for written reasons is made (within the time limit), the Tribunal might choose to supply written summary reasons or else the Tribunal might choose to provide the written full reasons. If written summary reasons are provided, then written full reasons will not be provided unless requested by any party by a written request received by the Tribunal wit

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